In March 2025, the Court of Appeal handed down judgment in Resolution Life Australasia Limited v AMP Limited; Munich Reinsurance Company of Australasia Limited v AMP Limited [2025] NSWCA 21. Gleeson JA (Bell CJ, and Mitchelmore JA agreeing) allowed appeals brought by the insurer and reinsurer of members of a superannuation fund, allowing them to prosecute claims against a superannuation trustee for breach of covenant, based on s 55(3) of the Superannuation Industry (Supervision) Act 1993 (Cth).
Eleanor Doyle-Markwick acted for one of the successful appellants, Resolution Life Australasia, led by Jeremey Stoljar SC and instructed by Allens.
A copy of the judgment can be found here.
